The Essentials blog is down (moving to a new server never goes smoothly) so I thought I’d put this here for now.  There’s a good analysis of it here, and you can find the original judgement here.

Comments on: "Diocese of Niagara Judgement Published" (4)

  1. prairiewords said:

    I tried finding the referenced judgement but I guess not too many 1920 actions have been digitized.

  2. Henry Troup said:

    Very interesting analysis. It seems to me that the meaning of the Solemn Declaration is going to be tested by the courts, in ways that are going to possibly surprise all parties.

  3. prairiewords said:

    It may force the Anglican Church of Canada to prove it is Anglican. A copy of the Windsor Report on the Justice’s bench may cause a stir in ++Fred’s office. Enter the secular courts expect secular justice.

    Mental flash to Rumpole of the Bailey, “M’lord, no one expects the Spanish Inquisition” (Sorry caffeine deficiency)

  4. prairiewords said:

    I nicked this from Musing from the Muse

    In the case of the BC Diocese that was bankrupted in a Residential School lawsuit the church argued successfully that parish property did not really belong to the diocese but was only held in trust by the diocese on behalf of the parishes. Therefore the parish properties were not used as assets to pay the claimants.
    I have long thought that this decision should be a precedent for parishes that by an overwhelming majority seek to leave their diocese and seek the care of another bishop. These parishes should have no qualms of conscience in defending their property as it was built by the sweat equity of the saints that went before them.

    So we see if the Diocese can have it both ways if they find themselves staring down some bank-breaking lawsuit.

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